beta
Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 10,200,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment thereof from March 1, 2016 to November 23, 2018.
Reasons
1. Basic facts
A. (1) The Defendant agreed to the ownership relationship of a building (1) as follows: (a) while the building was owned by Jinju-si, C, 271.2 square meters (hereinafter “Defendant’s land”); and (b) D, E, E, 303.9 square meters and F, 302.9 square meters (hereinafter “D”) adjacent to the said land; (c) on February 2, 2004, each of the above lands was leased to the Housing Co., Ltd.; (d) on the lease of each of the above lands to the Housing Co., Ltd., and (e) “G newly constructed a building on the land of the said three lots and used it as a sales facility, and removed
(2) Accordingly, on August 204, G requested design and supervision to a certified architect H (the husband of D) and constructed a commercial building (the 1st floor of the 2nd floor of the general steel structure board, 51.68 square meters, 483.78 square meters, hereinafter “instant building”) in the form of a single building (the 1st floor of the 2nd floor living facilities of the 2nd floor of the general steel structure board, 483.78 square meters, hereinafter “the instant building”), and used it as a sales facility on August 24, 2004.
(3) After that, around February 201, the Defendant and D agreed that the instant building will not be demolished even after the expiration of the above term of lease.
B. (1) On February 1, 2011, the Plaintiff leased the part of the instant building on the Defendant’s ground from the Defendant as the lease deposit, KRW 30 million in monthly rent (excluding value-added tax), and KRW 3 million in monthly rent (excluding value-added tax), from February 22, 2011 to February 21, 2016, respectively.
(2) On February 12, 2011, the Defendant signed an agreement between the Defendant and D on February 12, 201 with respect to the instant building (hereinafter “instant lease agreement”) with the following purport:
In principle, although the building of this case is used or leased jointly, if the building is separated or the building on one's own land is demolished, sold, etc. due to one's circumstances, the other party shall accept it without any condition.
1. Each one in case of separating buildings; and